Lawsuit is filed against Elsmere officer

ELSMERE, KY (FOX19) - The parents of the 21-year-old man who died in June filed a lawsuit against an Elsmere officer on Monday.

The lawsuit filed by Michael Godawa's parents claims that there was use of excessive force, battery and wrongful death.

Elsmere Police Officer David Byrd was called to Finish Line Bar and Restaurant to investigate a possible DUI or underage drinking in the bar's parking lot when he questioned Godawa. Police say Godawa backed over Byrd's patrol bike, attempted to flee the scene and struck Byrd with his vehicle.

Authorities say Godawa refused to stop so Byrd filed one shot. Godawa crashed into a utility pole at Dixie and Lytle. He was taken to the hospital where he was pronounced dead.

Godawa's parents will be on their attorney Eric Deters' radio show on Realtalk 1160 AM at 8 a.m. on Tuesday.